At long last, “Improper Equipment” has come to Wake County. Prior to this point, a speeding charge could often be reduced to an improper equipment infraction in virtually every other county in North Carolina. The purpose of the prohibition remained unclear, but for whatever reason, it was widely known by defense attorneys across the state that it was impossible to get an improper equipment reduction in Wake County…until now.
A driver charged with speeding in Wake County may be eligible to have the charge reduced to an improper equipment infraction on their court date. The benefit is that, under N.C.G.S. § 20-123.2, an improper equipment conviction is a non-moving violation that does not result in any DMV or insurance points, meaning that the driver’s insurance premiums will not be affected. This allows a driver to keep costly points off his or her license without resorting to a Prayer for Judgment (PJC) request.
Typically regarded as the best-negotiated result in a speeding case outside of a dismissal, the Wake County District Attorney’s office has released a policy for obtaining an improper equipment reduction for speeders. To be eligible under the policy, a driver must meet all of the following criteria:
- Cited speed cannot be more than 20 mph over the posted speed limit;
- Cited speed cannot be greater than 85 mph;
- Has not received an Improper Equipment conviction within the last three years;
- No more than one moving violation over the past three years; and
- No more than three moving violations over the past ten years.
While the benefits in receiving an improper equipment reduction are numerous, the court will assess a slightly higher fine than a typical speeding violation. However, the advantage of avoiding costly insurance premium increases and the strategic advantage of not resorting to a PJC request will almost always be worth it to drivers.
If you have any questions regarding your speeding ticket or any other legal matter, please contact Dysart Law at email@example.com or by calling 919-747-8380 for a free telephone consultation.